SECURITIES EXCHANGE ACT OF 1934
Release No. 41349 \ April 30, 1999
File No. 3-9885
|In the Matter of
|ORDER INSTITUTING PUBLIC PROCEEDINGS
PURSUANT TO SECTION 15(b)(6)
OF THE SECURITIES EXCHANGE ACT
OF 1934, MAKING FINDINGS, AND
IMPOSING REMEDIAL SANCTIONS
The Securities and Exchange Commission ("Commission") deems it appropriate and in the public interest that public administrative proceedings pursuant to Section 15(b)(6) of the Securities Exchange Act of 1934 ("Exchange Act") be, and they hereby are, instituted against Rodd Buckle ("Buckle").
In anticipation of the institution of these administrative proceedings, Buckle has submitted an Offer of Settlement ("Offer"), which the Commission has determined to accept. Solely for the purpose of these proceedings and any other proceedings brought by or on behalf of the Commission or in which the Commission is a party, and without admitting or denying the findings herein, except that the Buckle admits the entry of the injunction set forth in paragraph III.C and the jurisdiction of the Commission over him and over the subject matter of this proceeding, Buckle consents to the entry of this Order Instituting Public Proceedings Pursuant to Section 15(b)(6) of the Securities Exchange Act of 1934, Making Findings, and Imposing Remedial Sanctions ("Order").
On the basis of this Order and Buckle's Offer the Commission makes the following findings:
A. Buckle, age 40, is the chief executive officer and a director of Maven Enterprises. He resides in Las Vegas, Nevada. Buckle claims to be a professional gambler.
B. During 1998, Buckle participated in an offering of a common stock, which was a penny stock..
C. On April 22, 1999, the United States District Court for the District of Nevada issued an order in the Commission's civil injunctive action against Buckle and others [Securities and Exchange Commission v. Maven Capital Corporation, et. al., Civil Action No. CV-S-99-00501-JBR (LRL) (D. Nev.)] that, inter alia, permanently enjoins Buckle from violating Sections 5(a), 5(c) and 17(a) of the Securities Act of 1933 ("Securities Act"), Section 10(b) of the Securities Exchange Act of 1934 ("Exchange Act"), and Rule 10b-5 thereunder and orders him to pay disgorgement and a civil penalty in amounts to be determined after an accounting.
D. The Commission's complaint in that action alleged that in 1998 Buckle represented to investors that he would use the investors' money to invest in certificates of deposit, government securities, or other securities and to acquire other business opportunities in the gaming industry. The complaint further alleged that contrary to his representations, Buckle used as much as 50% of the proceeds to finance his personal gambling, to maintain a lavish lifestyle for himself, and to fund other business ventures unrelated to the investment.
E. On March 4, 1999, without admitting or denying any of the allegations contained in the Commission's complaint, Buckle consented to the entry of the above order of permanent injunction permanently enjoining him from violations of Section 17(a) of the Securities Act, Section 10(b) of the Exchange Act, and Rule 10b-5 thereunder.
Based on the foregoing, the Commission deems it appropriate and in the public interest to accept Buckle's Offer and accordingly,
IT IS HEREBY ORDERED that Buckle be, and hereby is, barred from participating in an offering of penny stock, effective immediately.
By the Commission.
Jonathan G. Katz